DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resolute Security Services Pty Ltd
(AG2017/2829)

RESOLUTE SECURITY SERVICES ENTERPRISE AGREEMENT 2017

Security services
COMMISSIONER MCKINNON	MELBOURNE, 3 OCTOBER 2017

Application for approval of the Resolute Security Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Resolute Security Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Resolute Security Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 2 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Resolute Security Services Pty Ltd applied to the Fair Work Commission for approval of the Resolute Security Services Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement was in the interests of the employees it sought to cover. The parties involved in the dispute were Resolute Security Services Pty Ltd, the employer, and various unions representing the employees. The legal issues before the Commission included whether the agreement met the statutory requirements for approval, whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Commission examined the provisions of the agreement and considered the submissions made by both parties. It assessed the agreement against the criteria established by the Fair Work Act, including whether it provided for a safety net of minimum wages and conditions, whether it allowed for flexibility and productivity, and whether it promoted employee participation. The Commission found that the agreement met the statutory requirements and provided for fair and reasonable terms and conditions of employment. It approved the agreement, noting that it provided for a safety net of minimum wages and conditions, allowed for flexibility and productivity, and promoted employee participation.

The Fair Work Commission approved the Resolute Security Services Enterprise Agreement 2017, finding that it met the statutory requirements for approval and provided for fair and reasonable terms and conditions of employment. The agreement was approved as a registered agreement under the Fair Work Act 2009. The Commission noted that the agreement provided for a safety net of minimum wages and conditions, allowed for flexibility and productivity, and promoted employee participation. The decision was made in the interests of the employees covered by the agreement and was in line with the principles of the Fair Work Act.

Resolute Security Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established